Bryan Smith D/B/A Vision Design and Build v. Robert Overby and Teresa Overby

ACCEPTED 04-15-00436-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 11/11/2015 11:05:15 PM KEITH HOTTLE CLERK NO. 04-15-00436-CV FILED IN - 4th COURT OF -- ---APPEALS IN THE COURT OF APPEALS - - - SAN ANTONIO, --- TEXAS - ---- EM ------ FOURTH COURT OF APPEALS DISTRICT OF TEXAS 11/11/2015 - - ID11:05:15 - - - PM ---- VO ------ SAN ANTONIO, TEXAS KEITH---E. -- HOTTLE - ---- Clerk BRYAN SMITH D/B/A VISION DESIGN AND BUILD FILED IN APPELLANT4th COURT OF APPEALS SAN ANTONIO, TEXAS 11/12/2015 11:05:15 PM VS. KEITH E. HOTTLE Clerk ROBERT OVERBY AND TERESA OVERBY APPELLEES APPELLANT’S UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF TO THE HONORABLE JUSTICES OF THE COURT: BRYAN SMITH D/B/A VISION DESIGN AND BUILD, Appellant, submits his First Unopposed Motion for Extension of Time to File Appellant’s Brief and in support of this motion states as follows: 1. Appellant’s Brief is due November 12, 2015. 2. This motion is filed prior to the expiration of this due date. 3. The undersigned has conferred with the attorney for Appellees and this motion is unopposed. 4. Appellant requests an additional thirty (30) days to file its Appellant’s Brief, extending the time to December 9, 2015, the first Monday following the expiration of 30 days. 5. No extension has previously been granted. 6. The undersigned is responsible for the preparation of this Appellant’s Brief. The undersigned has been engaged in providing litigation support in numerous cases for a number of trial attorneys. Further, the undersigned has numerous previously scheduled mediations he is required to conduct. This extension request is not filed for purposes of delay. PRAYER Appellant asks this Court to grant its motion extending the deadline to file its Appellant’s Brief to December 15, 2015. Respectfully submitted, MARCELLA A. DELLA CASA State Bar No. 24009862 REBECCA C. BERGERON State Bar No. 24009862 BURLESON LLP Weston Centre 112 East Pecan Street, Suite 700 San Antonio, TX 78205 (210) 870-2620 – Phone (210) 870-2626 – Fax mdellacasa@burlesonllp.com rbergeron@burlesonllp.com 2 LAW OFFICE OF DAN POZZA 239 E. Commerce Street San Antonio, TX 78205 (210) 226-8888 – Phone (210) 224-6373 – Fax danpozza@yahoo.com /s/Dan Pozza State Bar No. 16224800 ATTORNEYS FOR APPELLANT 3 CERTIFICATE OF SERVICE I hereby that a true and correct copy of the above and foregoing document has been delivered via e-mail transmission on this 12th day of November, 2015, to: Robert P. Wilson THOMAS J. HENRY INJURY ATTORNEYS 4715 Fredericksburg Road, Suite 507 San Antonio, TX 78229 rwilson@tjhlaw.com /s/Dan Pozza 4